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A respondent may be awarded costs of a permission to appeal hearing where the court considers it just, departing from the general rule in PD 52B that such costs are not normally recoverable.
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In deciding whether to depart from that general rule, the court may take into account factors identified in Mount Cook, including hopeless grounds, persistence in them, abuse of process, and the burden imposed on the court and the opposing party.
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When awarding costs at the permission stage, the court retains a broad discretion to determine the proportion of costs payable and may order both a percentage and an interim payment on account.
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A limited civil restraint order may be imposed where a person has made two or more applications that are totally without merit, including earlier applications not formally certified as such, and may apply to someone who is the real party behind the litigation.
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The submission of fictitious legal authorities is improper, increases the burden on the court and the respondent, and is a relevant factor when considering both costs and the imposition of a civil restraint order.
